Essential points
- It is unlawful to discriminate against someone because they possess one of the ‘protected characteristics’ named in the Equality Act 2010. This includes disability.
- Disability discrimination protection under the Equality Act is more extensive in a number of ways, when compared to other areas of discrimination protection and includes the positive duty to make reasonable adjustments.
- The Act is supplemented by a statutory Code of Practice on the employment aspects of the legislation, which employment tribunals take into account, and non-statutory guidance. The Code is a useful document in terms of giving guidance for example as to who is considered a disabled employee or what would be a reasonable adjustment in a given situation.
- The Equality and Human Rights Commission (EHRC) website also has a wide range of information on discrimination law, including disability discrimination, as has ACAS.
- Information on disability discrimination in Northern Ireland is available on the Equality Commission for Northern Ireland website.
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Please note
While every care has been taken in compiling this content, the CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.
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